Background

Federal Laws. The U. S. Constitution does
not define marriage nor does it require states to define marriage. For the
receipt of federal benefits or for federal tax purposes, current federal law
only recognizes marriage between a man and a woman.

State Laws. The State Constitution
currently does not define marriage. Under current California statute, only
marriage between a man and a woman is valid and recognized. Couples of the same
sex or unmarried couples of the opposite sex where at least one partner is 62
years or older may register as domestic partners. In most instances, registered
domestic partners are provided the same rights and benefits as married couples.
Spousal rights include, but are not limited to, alimony, community property
rights, and child custody.

Major Provisions

This measure amends the State
Constitution to recognize only a man and a woman in a marriage as spouses.

Fiscal Effect

The measure could affect some provisions of existing law
and prohibit state and local government agencies from authorizing spousal rights
for domestic partners in the future. The fiscal effect of the measure would
depend on future interpretation by the courts of what constitutes spousal
rights, both under existing law and under the measure. For this reason, the
fiscal effect of the measure is unknown. Overall, however, we would not expect
the measure to have a significant net fiscal effect on state and local
governments.

Fiscal Summary. This measure would have the
following fiscal impact:

Unknown, but probably not significant, fiscal effect on
state and local governments. The impact would depend in large part on future
court interpretations.